Hosting Terms of Service
Spamming and Harmful Activities
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, mail bombs, subscribing someone else to a mailing list without that person's permission, hacking, spoofing, or any similar activity. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. Spamming via other hosting facilities which in turn contain links to a domain on our network is also prohibited. We consider spamming any mass unsolicited messages or similar activity. You may not use our services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. If we believe that you have violated this rule, we have the right to immediately, without notice, disable your domain and terminate service until we have an acceptable assurance that you will abide by this rule. We similarly have the right to refuse or terminate service to you if we suspect that you will violate this policy. In addition, any site selling or promoting bulk e-mail services is also prohibited. GlobalSpex does not allow the Camfrog software to be run on GlobalSpex servers. Camfrog is being defined as the software downloaded from camfrog.com or other mirror sites.
GlobalSpex.com utilizes advanced, industry standard, tools and protocols to keep our servers secure and to mitigate potential threats. These tools cannot secure against all possible threats, however. Because of this, it is the customer's sole and exclusive responsibility to determine if the security measures GlobalSpex employs are appropriate for their needs. In particular, customers must ensure that scripts, applications, or programs used in conjunction with their website/account are secure and up to date.
This includes, but is not limited to, updating scripts, applications, or programs to the latest secure version available; maintaining and updating of passwords or other login credentials on an ongoing basis to ensure the security of their site and the security of other users on the server. Any scripts, applications, or programs available via the control panel interface are solely the customer's responsibility to update and secure.
GlobalSpex will not be liable for loss or damages of any kind, under any legal theory, caused by the customer's failure to comply with the foregoing security obligations or caused by any person to whom the customer grants access to the services we provide.
Customers agree to notify GlobalSpex.com no later than thirty minutes of their discovery of any unauthorized uses of their services or any other breaches of security and to cooperate fully, at Customer's expense, with any investigation and mitigation activities GlobalSpex.com deems necessary.
We do not allow IRC or IRC bots to be operated on our servers.
Shared Hosting Packages are not to be used as a backup service. All stored files that reside on your account must be directly related to your website. Archiving MP3, video, images or backups is prohibited on shared hosting packages. If you need these abilities we recommend that you upgrade to a dedicated server or VPS.
Managed Services – Shared, Cloud, Reseller and Managed Dedicated Servers or Unmanaged Dedicated Server client who purchases External Server backups
GlobalSpex cannot guarantee that the contents of a Website will never be deleted or corrupted, or that a backup of a Website will always be available, accurate or complete.
You shall have sole responsibility for undertaking measures to maintain independent archival and backup copies of your content, and for checking the accuracy of your Website hosted by GlobalSpex from time to time.
We have the right, but not the obligation, to make backup copies of the data you upload to our GlobalSpex servers.
GlobalSpex does store on a temporary basis backup which is intended for our disaster recovery.
Unmanaged Dedicated Servers
You shall have sole responsibility for undertaking measures to maintain independent archival and backup copies of your content, and for checking the accuracy of your Website hosted by GlobalSpex from time to time.
Use of our servers or services in any manner in violation of any state, local or United States law, rule or regulation is prohibited. Such prohibited use includes, but is not limited to, disseminating, posting or storage of any material in violation of any federal, state or local law, rule or regulation. Our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, pornographic or satanic materials. Also included is the posting or trafficking in government secrets, providing any information to in any way assist or encourage any terrorist activities, providing any information concerning nuclear or biological weapons or other weapons of mass destruction, posting or trafficking in obscene material, solicitation of a minor or others for illegal acts, dealing drugs, harassment, fraud, stalking, abuse or other subject matters that are prohibited under applicable federal, state or local law, rules or regulations.
Support of the Service
GlobalSpex, Inc. shall install the Site with reasonable skill and care, however, if the Customer experiences a problem or suspects a fault with any of the Site or the Service technical support for the Service is available by sending an email to [email protected] Such technical support is available during GlobalSpex, Inc.’s normal office hours of 09:00hrs to 17:00hrs.
To allow the installation of any software GlobalSpex, Inc. require to implement the Site, additionally, the Customer will at the Customer’s own expense:
- obtain all necessary consents, licenses and permissions, including (without limitation) consents for any media provided.
The core technologies/software shall remain the property of GlobalSpex, Inc. or the supplier of such technology and the Customer shall at all times make clear to third parties that the same is the property of GlobalSpex, Inc. or the third party supplier, as applicable. The customer does, however, retain the right to use this collection of technology/software in this configuration of settings once invoices relating to the site have been settled. GlobalSpex, Inc. may modify, substitute, renew or add to any technology from time to time at its absolute but reasonable discretion.
If through no fault of GlobalSpex, Inc., GlobalSpex, Inc. is unable to carry out an installation at, or gain access to, the Site or the installation is aborted for any other reason(s) beyond GlobalSpex, Inc.'s reasonable control, GlobalSpex, Inc. will (without prejudice to any of its rights and remedies in respect thereof) notify the Customer’s nominated contact and the Customer shall promptly remedy such fault, inability or reason(s).
The Customer hereby irrevocably gives permission to GlobalSpex, Inc., and their employees, agents, or contractors to:
- execute any works on the Site for, or in connection with, the installation, maintenance, or removal of features.
- enter the Site to inspect any software or technology utilized by the Site or elsewhere for the purposes of providing the Service, and where the Agreement or the Service is terminated for any reason, GlobalSpex, Inc. will be entitled to enter the Site and remove any expired licensed software installed there.
- to comply with all reasonable instructions GlobalSpex, Inc. may notify to the Customer for use of any Equipment;
- not to allow any element of the Site to be repaired or maintained other than by an authorized representative of GlobalSpex, Inc. ;
- not to attempt to sell any software or technology; and
- not to remove any identification mark affixed to any software showing that it is the property of GlobalSpex, Inc. or any other third party supplier of such functionality.
The Customer shall be responsible for the repair and maintenance of any Customer Equipment used in order to obtain or use the Site or Service.
Items not covered under Web and Social Media Management
IT and technical support. We are unable to advise you on any matter relating to your computer, web browsers, or your specific e-mail setup. We are only able to test and confirm that your server and related email services are running as expected. If we are requested to investigate further then a charge may be applicable if no fault is found at our end. In addition to this, all site visits relating to technical support may be chargeable. However, if you require IT and technical support, then we do offer this as a separate service.
Guaranteed increase in social media/networking presence. While we will do our utmost to increase your social networking presence, we provide no guarantees relating to targets or specific figures. The service we provide is directly relational to management and therefore is a time-saving and efficient service.
Design changes outside of the agreed brief and Statement of Work. While minor changes (as detailed above) are perfectly acceptable, larger or total redesigns may be chargeable and it should not be expected that GlobalSpex, Inc. can make these changes to the design of a site as part of this agreement or package. Major changes are identified as anything outside of the above listed minor changes.
Major development work. This is identified as any work that will require more than 5 hours of research and a further 10 or more hours of development time. If however, you wish to undertake this development by reallocating previously agreed services then this can potentially be discussed and worked into an agreement where several months’ worth of development services can be used at once.
Guaranteed returns on investment/income. GlobalSpex, Inc. cannot be held responsible for the targets you set in relation to financial forecasts and the ability for your website to produce this income to be generated by your website. We will endeavor to create a site that, given the correct marketing and product range, will from a technical point of view be capable of creating this income.
At GlobalSpex we want to make the transfer process as seamless as possible. It is in both of our best interests to handle the transfer process expeditiously. Transfers, generally assessed at $90, are provided as a complimentary service on shared hosting plans; however it is impossible to estimate the time required to complete a transfer, and we also cannot guarantee the availability of the prior hosts' data. For example, we currently cannot offer transfers with ASP websites.
Some hosting providers compile data in incompatible or proprietary formats, making it extremely difficult (sometimes impossible) to migrate portions of your data. Some platforms, like the GlobalSpex Site Manager platform, have differences in core applications that if utilized make transfers unfeasible. Other providers disallow host-to-host transfers altogether. If we cannot migrate your data in a timely and efficient manner, we will work with you through this process and notify you beforehand if further services can be offered and provide you with a cost estimate for such additional services.
If we cannot migrate your data in a timely and efficient manner, we will work with you through this process and notify you beforehand if further services can be offered and provide you with a cost estimate for such additional services.
This complimentary service is only available during our 30-day money-back guarantee. Transfers outside of the 30-day free period will incur a charge. Please contact support for specific details and to receive a quote if this is the case.
We do not allow online gambling activities to be operated from our servers.
You may not use our services or servers to post or disseminate in any manner, any information or material which may be dangerous, damaging, defamatory, libelous, slanderous, scandalous, private information or injurious to persons or property which, directly or indirectly, may be used to create danger, damage or injury to persons or property, nor may you use our services or servers to inflict emotional distress make unlawful threats, stalk, interfere with any contract or prospective relationships or engage in sexual or other harassment.
Pornography is prohibited on GlobalSpex servers. This includes sites that may provide links to adult content elsewhere.
The use of GlobalSpex's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. GlobalSpex is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
You may not use our services or servers to post or disseminate in any manner, any information or material which infringes the intellectual property rights or other proprietary rights of any third party, including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right used with proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works and videos. You shall comply with the Digital Millennium Copyright Act ("DMCA"). Click Here for our DMCA Policy.
You may not offer or disseminate fraudulent goods, services, schemes or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi schemes) or fraudulently use any information obtained through the use of our servers or services, including, without limitation, unauthorized use of credit card numbers.
You are required to provide us with accurate contact information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about your account. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in service, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.
Our services are sold on a pre-paid basis at the agreed-upon rate at the time of ordering. If you fail to promptly pre-pay, we will terminate your service.
If you provided us with your credit card information and requested automatic billing, you authorize GlobalSpex, Inc. to automatically charge your credit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with our cancellation requirements listed below. You will receive an e-mail confirmation once your credit card has been charged. If you elect not to use automatic credit card billing you will be charged a processing fee of $3.00 per invoice.
Although you may cancel your account at any time by giving us written notice of cancellation, there is no refund of any pre-paid amounts with the exception of accounts meeting requirements of "30 day Money Back Guarantee" (see below). You are responsible for all fees associated with your account up until the time of making a cancellation request, see complete details below. All payments are to be made in U.S. currency. Domain Registration & SSL certificate fees are non-refundable.
You will be charged a $25 processing fee if any check given to us is not honored and paid. If you cause any credit card payment to be reversed there will be a $40 processing fee. In the event you violate any of our above policies and your service is terminated, in addition to all other fees, you will be charged a $100 investigation and research fee. There is a $50 processing fee to reinstate an account closed due to non-payment, this fee does not guarantee the data on the account prior to termination will be retrievable.
GlobalSpex, Inc. may also make an additional charge (on the basis of applicable abortive visit, administrative and other additional charges detailed in the Price List) on its own behalf:
- where incorrect information supplied by the Customer means it is technically impractical to provide the Service to the Customer;
- where GlobalSpex, Inc. is unable to gain access to the Site to carry out the installation of the Service or the installation is aborted for any other reason(s) beyond GlobalSpex, Inc.'s reasonable control;
- where certain information provided by the Customer on the Statement of Work is illegible, inaccurate or incomplete;
- where GlobalSpex, Inc. provides any technical support in connection with the supply of the Service to the Customer outside normal office hours or normal support times, as applicable; and/or
GlobalSpex, Inc. reserves the right to vary the Charges at any time on giving the Customer notice in writing. GlobalSpex, Inc. will give the Customer no less than 30 days’ prior written notice if it provides any notification to its customers of any variation to the Charges via its website.
To make a cancellation request, you will need to fill out our cancellation request form. If this is not possible, you may fax a request to 435-755-3449 or mail a cancellation request to GlobalSpex, 19901 Southwest Freeway, Sugar Land, TX 77479. You must include your Account Domain Name for the account which you wish to cancel hosting for. We cannot accept cancellation requests over the phone or by regular email for security and verification reasons.
If we register a domain name for you as part of your hosting package with us, and you decide that you want to cancel your account during the first 30 days, then we will deduct the cost of the domain name from the money we refund you. We charge $15 per year for domain registration. If you cancel your account after the first 30 days have passed, or after your account is renewed then, unfortunately, we will not be able to issue any refunds.
30 day Money Back Guarantee
We provide a 30-day money-back guarantee for all shared hosting accounts. If for any reason you request cancellation of such account within 30 days of the initial ordering of your account, you will be given a full refund including your initial setup fee. Please Note: Domain registration and transfer fees are not included with this offer and are not refundable. This offer does not apply to Cloud hosting, Domain Registration, Reseller accounts, Dedicated servers, SSL certificates, or Custom Services.
In addition to the service terminations specifically herein provided, we reserve the right in our sole discretion to refuse or terminate service to you at any time. We may, but need not, give you notice of such termination or of a suspected violation of any of our policies. Such notice may, but need not, contain such warning, suspension or possible account terminations as we from time to time in our sole discretion determine advisably. We also reserve the right to remove materials from your website at any time if we determine in our sole discretion that such content or materials violate our policies or this service agreement. Your pre-payment of your accounts that is terminated due to our determination of a violation of one or more of our policies will not be refunded. You agree to pay to us our costs, including reasonable attorney fees, incurred as a result of our investigation and/or defense of any third party claiming that your website violates or infringes on their rights. We have the right to require pre-payment of such fees. We are, however, under no obligation to conduct an investigation and may, if we choose, terminate your service upon receipt of such third-party claim or upon our own action. In the event of a termination of services, your files and data stored on our computers will be deleted after such termination.
Terms of Data Transfer (Bandwidth)
If you exceed the data transfer limit of your account you will be notified by GlobalSpex to resolve the situation and be given options for upgrading your account. E-mail warning notices will be sent upon approaching your limit. Once the limit is hit, data transfer will be stopped.
The use of your account must be reasonable and you may not place excessive burdens on our servers. While our shared services are suitable for the bulk of our customers, there comes a time that your website(s) are better suited for a larger hosting package, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that uses a high amount of server resources (such as, but not limited to, CPU Time, Memory Usage, and Network Resources). At our election, you will be given the option of either upgrading the service level or reducing the resource usage to an acceptable level, otherwise, we reserve the right to limit your use of our servers or take your site offline. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Included is a link to documentation that summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the Registrar Accreditation Agreement or the RAA. You can visit https://www.icann.org/resources/pages/benefits-2013-09-16-en
for more information regarding ICANN, as well as visiting this link to view more about registrant benefits and responsibilities to your site.
Depending on the service plan your account is on it will have either a shared or dedicated IP address associated with it. We cannot guarantee this IP address will never change. We make a reasonable effort to avoid IP address changes but due to many factors including network changes it's not possible to guarantee. You will be given advanced e-mail notification if such a change ever does affect your account.
GlobalSpex Account Management Applications
We provide account management applications for the explicit use of our clients and their accounts with us. Any usage of the applications outside of the management of your account or intended use of the applications is prohibited.
ALL SOFTWARE APPLICATIONS WE PROVIDE TO YOU ARE "AS IS," AND WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR PERFORMANCE. WE ARE NOT RESPONSIBLE FOR ERRORS, INTERRUPTIONS IN SERVICE, OR LOSS OF DATA AS A RESULT OF YOUR USE OF THESE APPLICATIONS. YOU USE THEM AT YOUR OWN RISK.
All software applications we provide to you may only be used in conjunction with your use of our services. They remain our intellectual property, including documentation and help files, and we may permit others to also use them. Such applications remain protected by copyright laws, other intellectual property laws, and by international treaties. You may not (1) modify or use them with derivative works, including translation or localization or (2) reverse engineering, recompilation, disassembling or make any other attempt to derive the source code for any such application. Upon termination of your account, you may no longer use any such applications.
Clients are responsible for the ongoing maintenance of their website including security updates for third-party software they may have chosen to install. It is strongly recommended that clients frequently update all scripts and applications to ensure their site is protected against the latest security threats. GlobalSpex is not responsible for lost or corrupted data due to security negligence on behalf of the client or any third-party application or script. GlobalSpex makes updates available to GlobalSpex-provided applications and scripts through the Site Manager; however, the installation of these updates must be performed by the client. GlobalSpex will continue to maintain the physical security of our data center and ensure that the hosting platform is up to date with the latest security patches. GlobalSpex may also force specific upgrades upon clients to preserve security and stability across the hosting platform.
You agree and promise to defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney's fees, asserted against us, our agents, our clients, our officers, and our employees, that may arise, result, or be threatened as a result of your actions, property or services sold or licensed by you, or the actions of your employees, agents or assigns, including, but not limited to: (1) any injury to person or property caused by any products sold or distributed in association with our services; (2) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (3) your copyright infringement; (4) any defective products sold by you that are connected to our servers or services (5) investigation of any alleged violations of our policies.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOU OR YOUR BUSINESS AS A RESULT OF OUR ACTION OR FAILURE TO ACT. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES WE PROVIDE. WE DISCLAIM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF SUCH SERVICES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS YOU MAY SUFFER WHETHER OR NOT CAUSED BY US OR OUR EMPLOYEES OR VENDORS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO SUCH DAMAGES.
We reserve the right to revise, add to or modify the above policies or service agreement at any time. We have the right to terminate your account or restrict its use if we believe you have violated or may violate any of our policies.
Governing Law and Jurisdiction
The validity and effect of our policies and service agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to its conflicts of laws principles. Any suit, action or proceeding concerning our policies and/or service agreement must be brought in a Texas State court located in Cache County, Texas, and you hereby irrevocably consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
Website Care Plans
You are engaging GlobalSpex, Inc., as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorize GlobalSpex, Inc. access and “write permissions” to all directories and files of your account with any other third-party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.
GlobalSpex, Inc. does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
Pricing & Payments
All prices appearing on this site are subject to change without notice. Once a client of GlobalSpex, Inc., you authorize GlobalSpex, Inc. to charge the payment method you submitted for all the invoices generated for the services rendered by GlobalSpex, Inc. In order to cancel your recurring payment or change payment method, simply contact GlobalSpex, Inc. prior to your payment’s due date.
Cancellation & Refunds
Cancellation of any monthly recurring service can occur at any time after your first 6 months of service. No Refunds are available after your purchased package or service has been started, unless otherwise specified in any authorized by GlobalSpex, Inc.
To make a cancellation request, you will need to complete our cancellation request form.
GlobalSpex, Inc. will delete all off-site backups and third-party services will stop immediately upon cancellation or expiration of your account.
Refusal of Service
GlobalSpex, Inc. reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.
Third-Party or Client Page Modification
With a WordPress-based website, the client can independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon in this agreement by client and GlobalSpex, Inc. If anyone other than GlobalSpex, Inc. or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $125 per hour. There is a one-hour minimum.
GlobalSpex, Inc. highly recommends that you use a child theme. Using the main (“parent”) theme on your website means that updates to that theme will likely return your website back to the default settings. GlobalSpex, Inc. will not be held responsible for data loss as a result of a theme update where you haven’t utilized a child theme properly.
Limitation of Liability; Disclaimer of Warranties
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.
GlobalSpex, Inc. does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client's requirements or that the operation of the webpages will be uninterrupted or error-free.
You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with the client.
To the extent not prohibited by law, in no event will GlobalSpex, Inc. be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, however, caused, even if GlobalSpex, Inc. has been advised of the possibility of such damages.
GlobalSpex, Inc. does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and GlobalSpex, Inc. disclaims any liability relating thereto. This Work Statement Agreement is governed by the laws of New York without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with GlobalSpex, Inc. or relating in any way to your use of the created webpages or Internet website resides in the courts of the State of New York.
Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. GlobalSpex, Inc. reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.